Russell Transport Pty Ltd T/A Russell Transport

[2020] FWCA 5285

[2020] FWCA 5285

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Russell Transport Pty Ltd T/A Russell Transport
(AG2020/2439)

RUSSELL TRANSPORT GENERAL FLEET ENTERPRISE AGREEMENT 2020

Road transport industry
COMMISSIONER SIMPSON	BRISBANE, 7 OCTOBER 2020

Application for approval of the Russell Transport General Fleet Enterprise Agreement 2020.

[1] An application has been made for approval of an enterprise agreement known as the Russell Transport General Fleet Enterprise Agreement 2020 (the Agreement). The Application was made pursuant to s.185 of the Fair Work Act 2009 (the Act) by Russell Transport Pty Ltd T/A Russell Transport (the Applicant). The Agreement is a single enterprise agreement.

[2] The Applicant has provided written undertakings. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement and that the undertakings will not result in substantial changes to the Agreement.

[3] It is noted clause 2.6.7(d) of the Agreement does not appear to be a permitted deduction per s.324 of the Act and may be of no effect per s.326 of the Act. Further, I have considered it appropriate to exercise power under s.586 to correct a typographical error at clause 2.3(d) to correctly reference clause 21.4.

[4] The Transport Workers’ Union being bargaining representatives for the Agreement, have given notice under s.183 of the Act that it wants the Agreement to cover it. In accordance with s.201(2) of the Act I note that the Agreement covers the TWU.

[5] Subject to the undertakings referred to above, I am satisfied that each requirement of ss186, 187 and 188 as are relevant to this application for approval have been met. The undertakings are taken to be a term of the Agreement.

[6] The Agreement is approved and will operate in accordance with s.54 of the Act.

COMMISSIONER

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